Product Disclaimer and Legal Notice

 

1. Scope of Products and Acceptance of Terms

This Product Disclaimer and Legal Notice applies to all Ecosense, Inc. (or “Ecosense”) radon monitoring devices, including the EcoQube®, EcoBlu®, and RadonEye™ (collectively, “the Products”). By purchasing or using any of these Products, you acknowledge and agree to the terms of this disclaimer. Use of the product constitutes acceptance of all applicable terms, conditions, and policies, including Ecosense’s Terms of Service and Privacy Policy. If you do not agree with these terms, do not use the device. For reference, the Terms of Service and Privacy Policy are available on our website. Any data collected by the Products or their companion apps will be handled in accordance with our Privacy Policy. Please read this disclaimer carefully before setting up or use of your radon monitor, and retain it for future reference.

2. Intended Use: Not a Medical or Regulatory Device

The Products are intended for home and professional indicative radon level monitoring only. They provide real-time and long-term radon concentration readings for informational purposes to help users identify and track indoor radon levels. They are not certified laboratory test devices or medical instruments, and are not intended to diagnose, treat, cure, or prevent any disease or health condition. In particular, the Products have not been evaluated or approved by the U.S. Food and Drug Administration (FDA) or any other medical regulatory authority for any diagnostic or therapeutic purpose. No medical decisions should be made based on the Products’ readings, and the Products do not substitute for regular health or lung screenings by medical professionals.

Furthermore, these radon monitors are not intended for official regulatory compliance or safety certification purposes. Unless a specific device model is explicitly certified by an appropriate authority for a particular use, do not use the Products as a sole means of complying with any laws, regulations, or building code requirements related to radon testing or mitigation. For example, the Products alone are not a valid substitute for certified radon tests that may be required in real estate transactions, occupational safety assessments, or other regulated contexts (unless the device has obtained such certification in your jurisdiction). At present, the EcoQube®, EcoBlu®, and RadonEye™ are consumer-grade radon detectors and are not professionally certified measuring devices (no formal certification is required by law for these consumer devices). Always check and follow local requirements for any legally mandated radon measurements.

Important: The Products do not mitigate or reduce radon gas in your environment; they only detect and report its concentration. Mitigating high radon levels (e.g., through ventilation or sub-slab depressurization systems) requires separate action by the user or a professional mitigation service and is outside the scope of these devices. Owning or using a radon monitor, by itself, does not protect you from radon exposure – it simply provides data so you can take appropriate action.

3. Measurement Limitations and User Responsibilities

Radon Level Variability: Radon levels in indoor air can fluctuate significantly over time (hourly, daily, and seasonally) due to building conditions, weather changes, ventilation, and other factors. Short-term readings or initial results from the Products may not reflect your long-term average radon exposure. For instance, Health Canada strongly recommends conducting long-term radon measurements (at least 91 days) to determine a home’s annual average radon level. Therefore, treat any short-term or single-day reading as a preliminary indication only. Do not rely on one brief measurement as the sole basis for safety decisions. We encourage users to monitor radon levels continuously over time and to perform follow-up professional testing for confirmation if needed.

Accuracy and Calibration: The Products employ high-sensitivity sensors to provide accurate radon measurements; however, no radon detector is 100% precise or infallible. The readings are subject to a margin of error and statistical fluctuations inherent in radon detection technology. Ecosense publishes the expected accuracy and precision for each model (e.g., within ±10% at certain concentrations for the EcoQube® under specific conditions). External factors may affect accuracy, including, but not limited to: improper device placement, failure to perform recommended calibration or maintenance, extreme temperatures or humidity, interference from other electronic equipment, altitude and pressure variations, or the presence of other radioactive sources. The user is responsible for using the device correctly, in accordance with the User Guide instructions for placement, operation, and maintenance. For example, you must place the device at the recommended height and location (such as 20 inches/50 cm above the floor, away from windows, vents, direct sunlight, or heat sources) and within the specified operating temperature/humidity range. Failure to follow these guidelines can lead to inaccurate readings or device malfunction. User misuse, abuse, or neglect (such as disassembling the device, exposing it to water or extreme conditions, using it outdoors, or not replacing/charging batteries if applicable) voids any applicable warranty and is expressly excluded from the manufacturer’s responsibility.

No Continuous Monitoring Guarantee: While the Products are designed to continuously monitor radon and update readings at regular intervals (e.g., every 10 minutes in real-time mode), uninterrupted operation is not guaranteed. Power outages, loss of battery (if applicable), or connectivity issues (for devices that use smartphone apps or Wi-Fi/Bluetooth connectivity) may interrupt data updates or remote alerts. It is the user’s responsibility to ensure the device remains powered and, if required, connected to the network. The Products will reset certain short-term averages if powered off (refer to the User Guide for details on data storage and reset behavior). Ecosense is not liable for any gaps in monitoring or missed alerts that result from power loss, network issues, or other interruptions outside our control.

4. Guidance on Interpreting Radon Readings

Understand the Units: The Products report radon concentration in either picocuries per liter (pCi/L) or becquerels per cubic meter (Bq/m³), depending on your settings or region. (1 pCi/L ≈ 37 Bq/m³.) Be aware of the units displayed and refer to the User Guide if you wish to change the unit of measurement.

Recommended Action Levels: As a general guideline, refer to your national health and environmental authorities’ radon action level recommendations to interpret the readings. For example, the U.S. Environmental Protection Agency (EPA) advises that indoor radon levels at or above 4.0 pCi/L (approximately 150 Bq/m³) are a cause for concern and warrant remedial action. Similarly, Health Canada’s guideline (the Canadian Radon Guideline) recommends that mitigation measures be taken if the annual average radon concentration exceeds 200 Bq/m³. (Other jurisdictions may have similar guidelines, e.g., the European Union often uses a reference level of 300 Bq/m³, and the World Health Organization recommends aiming for 100 Bq/m³ if feasible.) These reference levels are not “safe” vs “unsafe” thresholds per se; any radon exposure carries some risk, but they are guideline levels at which authorities recommend taking action. We advise users to stay informed about the guidelines applicable to their region.

If High Levels Are Detected: If your Product indicates that radon concentrations are at or above the recommended action level for your area (for example, ≥4.0 pCi/L in the US, or ≥200 Bq/m³ in Canada) persistently over time, you should take prompt steps to address the issue. Do not ignore high readings. First, we strongly recommend performing a follow-up confirmation test either by continuing to measure over a longer period with the Product, by using a second device, or by deploying an accredited radon test kit or professional-grade monitor to verify the initial findings. Radon levels can vary, so confirm whether the elevated reading is sustained. If elevated radon is confirmed, consult a qualified radon mitigation professional or your local environmental health authority for guidance on reducing radon levels in your building. Mitigation may involve improving ventilation or installing a radon reduction system in your home. Always follow the EPA, Health Canada, or other relevant agency’s guidance on what steps to take if high radon is found. The user guide and our website’s resources section provide general information on radon and mitigation, but a professional assessment is highly recommended for high readings.

No Guarantee of Safety: The absence of an alarm or low readings on the Product should not be interpreted as a guarantee that your environment is free of risk. While the Products are effective at detecting radon fluctuations, no device can assure absolute safety. Even readings below the official guidelines still carry some health risk (authorities generally urge reducing radon to as low as reasonably achievable). Continue to monitor over the long term, because changes in your home (seasons, renovations, HVAC changes, etc.) can cause radon levels to change. If you have questions about your radon readings, contact Ecosense support or a radon professional for clarification. Ultimately, you are responsible for acting on the information provided by the Product, for example, deciding to ventilate your basement or call a mitigator if levels are high, and Ecosense, Inc. does not assume any legal responsibility for decisions or actions taken by the user based on the device’s readings.

5. Regulatory Compliance and Required Disclaimers

The Products are designed and manufactured to comply with applicable safety, emissions, and performance standards in the regions where they are sold. For example, in the United States, the devices comply with FCC Part 15 requirements for radiofrequency devices (for models with wireless connectivity). In the European Union, the Products carry the CE mark indicating conformity with relevant EU directives for electronic equipment (such as electromagnetic compatibility and product safety directives). They also comply with the EU Restriction of Hazardous Substances (RoHS) regulations and other required standards. If sold in Canada or Singapore, the Products meet the pertinent technical standards (such as Industry Canada (IC) standards for wireless devices, and Singapore’s IMDA standards if applicable). Details of compliance certifications (FCC ID, CE Declaration of Conformity, etc.) can be found in the Regulatory section of the User Guide or on our website.

Non-Medical Device Classification: We reiterate that these Products are consumer electronic devices for air quality monitoring, not medical devices. They are not subject to pre-market approval by health authorities like the FDA or Health Canada for medical use. In the EU, they are not governed by the Medical Devices Regulation (MDR) since they do not diagnose or monitor a disease in a patient; instead, they fall under general product regulations for measuring instruments. We make no medical claims regarding these Products, and they should not be marketed or interpreted as devices that will improve your health by themselves. Their role is strictly to provide data to inform you about radon in your environment.

Advertising and Labeling Compliance: Ecosense, Inc. follows all applicable laws concerning truthful advertising and product claims. Under laws such as the U.S. Federal Trade Commission (FTC) Act, the Canada Competition Act, the EU Unfair Commercial Practices Directive, and Singapore’s advertising standards, we are required to ensure that any claims about our radon monitors are truthful, not misleading, and scientifically substantiated. Any performance descriptions (e.g., sensitivity, accuracy, detection speed) are based on internal testing and/or third-party evaluations, and we include this disclaimer to clarify the limitations and proper use of the Products so that no consumer is misled. All required consumer notices and cautionary labels are included with the product packaging or documentation in compliance with local regulations (for instance, any necessary radiation exposure, recycling, or hazard warnings). If you have any questions about the claims or labeling of the product, please refer to the official Ecosense literature or contact us for clarification.

Product Liability (EU and Worldwide): The Products come with the necessary legal warranties as required by consumer protection laws. In the European Union, our devices are subject to the EU Product Liability Directive (85/374/EEC) and applicable national laws, meaning that Ecosense, as the manufacturer, is liable for any personal injury or property damage caused by a defective product, to the extent required by law. Nothing in this disclaimer is intended to exclude or limit any rights you may have under statutory law (for example, your right to a remedy if a product defect causes harm). Similarly, for consumers in the United States, Canada, Singapore, or other jurisdictions, any mandatory consumer rights (such as implied warranties or conditions that cannot by law be disclaimed, or liability for gross negligence or willful harm) are not excluded by this notice. This disclaimer is meant to allocate risks and responsibilities clearly, but it does not override any non-excludable legal protections you are entitled to in your country or state.

6. Warranty and Liability Limitations

Limited Hardware Warranty: Ecosense, Inc. provides a limited warranty for the hardware components of the Products, as described in our Warranty Policy (generally covering manufacturing defects in materials and workmanship for a specified period, e.g., one year from purchase, under normal use). The details of the limited warranty, including how to make a claim, are provided in the product documentation or on our website. Please refer to the Warranty statement for the exact terms. Note that this limited warranty may be voided by misuse or unauthorized modifications (for instance, opening the device’s casing, or other abuse outside normal operating conditions).

“As Is” – No Other Warranties: Except for the express limited hardware warranty just mentioned (or any statutory warranties that cannot be excluded), the Products and accompanying software/app are provided “AS IS” and “AS AVAILABLE,” without any other warranties of any kind. Ecosense, Inc. disclaims all other express or implied warranties to the fullest extent permitted by law. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In plain language, we do not guarantee that the Products will meet all of a user’s expectations or that the operation of the device or software will be completely error-free or uninterrupted. No oral or written information or advice given by Ecosense or its distributors, agents, or employees shall create any additional warranty or guarantee. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so if such a law applies to you, the above exclusion may not fully apply, but in no case will any implied warranty extend beyond the period of our express limited warranty.

Limitation of Liability: To the maximum extent permitted by applicable law, Ecosense, Inc. and its affiliates, distributors, and resellers shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to the use or inability to use the Products. This includes, for example, any loss of data, loss of revenue or profit, business interruption, loss of use of the product, cost of substitute equipment, or claims by third parties. We also will not be liable for any loss or damage caused by reliance on any result or reading from the Products, or for the cost of any radon mitigation or other remedial actions taken by the user (except to the extent a court or law requires otherwise in a given case). In no event shall Ecosense’s total cumulative liability to any user of the Product (for all claims, whether in contract, tort, or otherwise) exceed the amount actually paid by the user for the Product that gave rise to the liability. This limitation is cumulative and will not be increased by the existence of more than one incident or claim. By accepting this disclaimer and using the product, you are waiving certain rights to seek damages from us to the extent that such rights can be lawfully waived.

Some jurisdictions do not allow the exclusion or limitation of certain damages. For example, under U.S. law and many national laws, a manufacturer may not exclude liability for personal injuries caused by its negligence, and under EU law, liability for death or personal injury caused by defective products cannot be contractually limited. This disclaimer does not exclude or limit liability for death or personal injury caused by our negligence or for any other liability that cannot be excluded by law. However, to the extent that any such liability can be limited, we hereby limit it to the fullest extent permitted by law. All of the warranty disclaimers and liability limitations in this notice are intended to apply to both the maximum extent permitted under your local law and consistently with Ecosense’s Terms of Service . These provisions will survive the expiration or termination of your use of the Product.

7. Additional Notices

User Guide References: This disclaimer is a summary of important legal points. It is not a substitute for reading the User Guide. The User Guide and/or quick-start materials provided with your device contain crucial information on safe and proper operation, including setup instructions, maintenance (e.g., cleaning the device, recommended recalibration or service intervals if any), and troubleshooting. Following those instructions is essential not only for your safety and obtaining accurate results, but also as a condition of the warranty. If you need another copy of the User Guide, please visit our website’s “User Guides” section or contact customer support.

Local Regulations and Codes: Radon regulations and public health recommendations can differ by jurisdiction. It is the user’s responsibility to comply with all applicable laws and regulations related to radon testing in your area. For instance, some U.S. states have laws about radon measurement professionals or devices; in certain areas, only approved test devices can be used for official testing. In the EU and UK, landlords or employers might have obligations to test for radon in certain settings. Nothing in this disclaimer is an instruction to violate any such laws. Always use the Products in a manner consistent with local requirements. If you are unsure, consult local authorities or radon experts.

Children and Vulnerable Individuals: These Products are not toys. Keep out of reach of young children to avoid any risk of electric shock, choking on small parts, or incorrect readings due to tampering. The devices should be used under supervision if used in homes with children. Similarly, if used in schools or public buildings as an educational or screening tool, ensure they are operated by or under the guidance of trained personnel.

Modifications and Third-Party Software: Any unauthorized modifications to the hardware or software of the Products (including but not limited to rooting, reverse engineering, or installing unofficial firmware) may result in malfunction or erroneous readings and will void all warranties. The Ecosense mobile applications or PC software provided for use with some Products are governed by their own End User License Agreement (EULA) and terms of use. By using the software, you agree to those terms. Ecosense is not responsible for any third-party apps or services that you may use in conjunction with the Products (e.g., exporting data to third-party platforms, or using home automation integrations), and you should use such integrations at your own risk in accordance with the third parties’ terms.

Data and Connectivity: If your device and app collect radon data and upload it (e.g., to a cloud service for remote access), please be aware of the following: While Ecosense strives to maintain data security and availability, no cloud service can be guaranteed 100% secure or available. By using connected features, you consent to the transmission and storage of your radon readings and certain device information in Ecosense’s systems as described in our Privacy Policy. We take data privacy seriously, and your data will be used and protected according to that policy. However, we are not liable for unauthorized access to data or any loss of data in the cloud except as required by law. We also cannot guarantee that wireless transmission of data will always be successful or instantaneous – radio interference or internet outages may delay notifications. Always double-check the device’s on-unit display or local readings if you suspect a connectivity issue.

8. Conclusion and User Acknowledgment

By using an Ecosense radon monitoring Product, you acknowledge that you have read and understood this Product Disclaimer and Legal Notice. You agree that the allocation of risk and responsibilities as stated herein is reasonable and appropriate given the nature of the product. If you do not agree to any part of this disclaimer, you should not use the Product and may return it per our return policy. Otherwise, your use of the Product will serve as your acceptance of this disclaimer, as well as your agreement to abide by Ecosense’s Terms of Service and Privacy Policy (which together govern your use of our devices, software, and services).

If you have any questions or concerns about this disclaimer, the device’s operation, or radon safety in general, please contact Ecosense Customer Support before proceeding with use. We are here to help ensure you understand how to use our radon monitoring products effectively and safely. Your safety and satisfaction are our top priorities, and we want to help you achieve radon-safe indoor air through informed and proper use of our Products.

Remember: radon is an established health risk, but it is a risk that can be managed with knowledge and appropriate action. Ecosense radon monitors are tools to provide you with that knowledge. Use them wisely, take action when necessary, and you can create a safer environment for you and your family.

Thank you for choosing Ecosense, Inc. By using our Products, you agree to this legal notice and disclaimer, and we appreciate your trust.